Lovango Resort and Beach Club.
A family trust that owns property in Lovango Cay, St. John has sought the assistance of the courts in keeping a nearby hotel and restaurant from using a pier owned by the trust.
Joseph Markus, Trustee of the Joseph John Markus Trust, filed suit in District Court on Tuesday, seeking an injunction against Lovango Islands Holdings, operators of the Lovango Resort and Beach Club. According to the civil complaint, the resort is using a barge landing facility that was “constructed by the Markus Trust and located seaward of the Property” owned by the Trust.
Members of the Estate Lovango Homeowners Association do have permission to use the barge ramp and certain parts of the pier built by the Trust. Their permission to do so is documented in agreements between the parties.
However, the hotel is not a member of the association and thus not covered under those agreements, the lawsuit argued.
Nevertheless, the hotel has not only used the barge ramp itself “for its own benefit and profit,” but has also allowed or encouraged guests to do the same "without the permission or consent of the Markus Trust.”
The complaint claims that this unauthorized use has cost the Trust “approximately $13,500 of lost revenue per month that has accrued since Lovango Beach Club began its operations on Lovango Cay.”
The lawsuit claims intentional and negligent trespass of the barge ramp and the Markus Pier by the Lovango Beach Club, and seeks damages assessed by the court, as well as an injunction prohibiting further unauthorized use of the Trust's property. As of press time, there has been no response filed by Lovango Islands Holdings.
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